MARTINEZ v. MARTINEZ (2025)

Order, Supreme Court, New York County (James G. Clynes, J.), entered October 8, 2024, which, to the extent appealed from, granted plaintiff Michael A. Martinez's motion for partial summary judgment on the issue of liability, unanimously reversed, on the law, without costs, and the motion denied.

This personal injury action stems from a motor vehicle accident that took place on September 10, 2021, on East 14th Street near its intersection with Avenue B in Manhattan.  The accident happened when a moped motor bike operated by plaintiff Michael Martinez (Michael) collided with an SUV operated by defendant Gabriel Martinez (Gabriel).  Plaintiff Michael's motion for partial summary judgment on the issue of liability should have been denied because the parties presented different versions of the accident.

On the one hand, plaintiff Michael testified that, prior to the accident, he had picked up his romantic partner (co-plaintiff Valerie Ortiz) and was heading to her home on Avenue C, driving east on 14th Street.  Defendant's SUV, which Michael described as a white “security vehicle” with “lights on top,” was in front of him when they were stopped at a red light.  The light turned green;  the security vehicle started to go, then stopped short;  Michael tried to drive around him;  then, the security vehicle attempted to make a U-turn.  Michael hit the driver's side of the SUV with the front of his moped motor bike.

On the other hand, in an affidavit submitted in opposition to plaintiff's motion, defendant Gabriel averred, among other things, that, just prior to the accident, he was fully stopped.  He intended to make a U-turn, engaged his left turn signal, did not see any signs prohibiting U-turns, checked for traffic and pedestrians in both directions, and determined that it was safe for him to perform the U-turn.  Just before Gabriel completed the U-turn, Michael's moped struck his vehicle.  According to Gabriel, Michael attempted to pass his vehicle on the left by crossing the double yellow line.

These conflicting versions as to how the accident occurred demonstrate that there exist triable issues of fact that preclude summary judgment on the issue of defendants' liability (see Jarrett v. Claro, 161 A.D.3d 639, 639, 77 N.Y.S.3d 384 [1st Dept. 2018];  Huerta–Saucedo v. City Bronx Leasing Inc., 147 A.D.3d 695, 695, 48 N.Y.S.3d 132 [1st Dept. 2017]).